What Legal Rights Do Same-Sex Couples Have in Ohio?

Same-sex couples in Ohio have seen significant changes in their legal rights over the past decade. At Douglas A. Ball Attorney at Law in Batavia, Ohio, the focus is on helping clients understand these rights as they relate to family law. 

Understanding the current laws can help same-sex couples protect their relationships, families, and assets. To begin, let’s take a look at some of the basics of marital rights for same-sex couples in Ohio specifically.

Marriage Rights for Same-Sex Couples in Ohio

Since the U.S. Supreme Court’s decision in Obergefell v. Hodges in 2015, same-sex couples in Ohio have the right to marry. This landmark ruling struck down Ohio's prior ban on same-sex marriage and granted these unions the same legal recognition as opposite-sex marriages. 

Marriage provides couples with important rights, such as the ability to make medical decisions for a spouse, file joint taxes, and inherit property without a will. These rights extend equally to all married couples in Ohio, regardless of gender. 

Couples should also be aware that their marital status affects issues like child custody and spousal support. Understanding how these rights apply to family law issues can help couples make informed decisions. The next section focuses on child custody and adoption rights for same-sex couples in Ohio.

Child Custody and Adoption

Ohio law allows same-sex couples to adopt children, whether through joint adoption, second-parent adoption, or stepparent adoption. Joint adoption enables both partners to be legal parents from the start, while second-parent adoption allows one partner to adopt a child the other partner has already legally adopted or given birth to. 

In child custody cases, Ohio courts prioritize the best interests of the child. This means that both parents in a same-sex relationship can seek custody or visitation rights if the relationship ends. 

Courts evaluate factors such as the child's relationship with each parent, the stability of the home environment, and the parents' ability to meet the child’s needs. For couples considering adoption, understanding the process is vital. 

Legal guidance can help streamline this process while avoiding potential challenges. Financial and legal matters also play a significant role in protecting same-sex couples and their families.

Property and Financial Protections

Marriage offers same-sex couples legal protections when it comes to property and finances. Ohio law provides equitable distribution of assets during divorce, meaning any marital property is divided fairly but not necessarily equally. 

This includes assets acquired during the marriage, such as real estate, retirement accounts, and personal property. Additionally, married couples can access financial benefits like spousal retirement benefits, employer-sponsored health insurance, and survivor benefits from Social Security. 

Couples should review estate plans and consider creating wills, trusts, and powers of attorney to secure their financial future. Proactive planning can safeguard a couple’s shared assets and see that each partner’s wishes are respected. Legal protections also extend to issues involving discrimination based on sexual orientation.

Protections Against Discrimination

Ohio law prohibits employment discrimination based on sexual orientation or gender identity. The Supreme Court’s decision in Bostock v. Clayton County in 2020 reinforced this protection, legally protecting same-sex couples from workplace discrimination.

Housing discrimination is also prohibited under federal law. Same-sex couples have the right to rent or purchase property without fear of bias based on their relationship. However, Ohio lacks state-level protections for public accommodations, leaving gaps that couples should be mindful of when dealing with businesses or service providers.

Advocating for equal treatment remains important for same-sex couples. Understanding legal recourse can provide peace of mind when facing discriminatory practices. Next, we explore common questions about legal rights for same-sex couples in Ohio.

Frequently Asked Questions

Some common questions that same-sex couples in Ohio often ask about their legal rights include:

• Can same-sex couples file joint tax returns in Ohio?
  Yes, same-sex couples can file both state and federal joint tax returns if they’re legally married.

• Do same-sex couples have the same parental rights as opposite-sex couples?
  Yes, legally recognized parents in a same-sex relationship have the same rights and responsibilities as any other parents.

• Can an employer deny health benefits to a same-sex spouse?
  No, employers must offer the same benefits to same-sex spouses as they do to opposite-sex spouses.

• What happens to property if a same-sex couple divorces?
  Ohio follows equitable distribution laws, which aim to divide marital property fairly during a divorce.

• Are there legal protections against discrimination for same-sex couples in public spaces?
  While federal laws prohibit employment and housing discrimination, Ohio doesn’t have statewide protections for public accommodations.

Clear answers to these questions can help same-sex couples make informed decisions. For additional assistance, legal representation can provide personalized advice tailored to specific situations.

Legal Challenges Same-Sex Couples May Face

Despite the progress made, same-sex couples still encounter legal challenges in certain areas. For example, issues with parental rights can arise if both partners aren't listed as legal parents. 

Similarly, estate planning can become more complicated without the proper legal documents in place. Addressing these challenges early can help prevent future disputes. 

Couples should consider consulting with an attorney to create legal safeguards, particularly in areas like estate planning, custody agreements, and healthcare directives. By being proactive, couples can reduce potential legal disputes and focus on building a secure future together.

Steps Same-Sex Couples Can Take to Protect Their Legal Rights

While Ohio law provides many protections for same-sex couples, taking additional steps can help safeguard these rights and prevent potential legal issues. Couples can proactively address key areas by considering the following measures:

• Create an estate plan: Draft wills, trusts, and powers of attorney to make sure assets are distributed according to your wishes and decisions are made by your chosen representative. Regularly updating these documents as your circumstances change can help avoid unintended outcomes.

• Establish parental rights: Complete second-parent adoptions or legal custody agreements to formalize both partners’ rights, particularly when raising children together. This step means both parents are legally recognized in important matters like education and healthcare.

• Document property ownership: Keep detailed records of jointly owned property, including real estate and personal assets, to simplify asset division if disputes arise. Proper documentation also provides clarity during financial transactions, such as selling or refinancing property.

• Set up medical directives: Designate a healthcare power of attorney to give your partner the authority to make medical decisions on your behalf if necessary. Including a living will can further clarify your preferences for medical treatment in serious situations.

• Consult with an attorney: Seek legal advice to review existing agreements, understand Ohio law, and address any gaps in protections for your family. An attorney can also assist in addressing changes in laws that could affect your rights.

These steps empower couples to proactively manage their legal rights, reducing the risk of misunderstandings or disputes in the future. Next, we’ll discuss how a family law attorney can protect your rights.

How an Attorney Can Help

An attorney who focuses on family law can be instrumental in helping same-sex couples understand their legal rights. Whether facing child custody disputes, drafting wills, or dealing with discrimination, legal guidance means couples are prepared for life’s uncertainties.

Attorney Douglas A. Ball strives to offer services that support same-sex couples in Batavia and the surrounding areas. With a focus on family law, the office helps clients address sensitive matters with professionalism and compassion.

Same-sex couples in Ohio enjoy many of the same legal rights as opposite-sex couples, thanks to evolving federal and state laws. From marriage and custody to discrimination protections, these rights play a crucial role in securing a couple’s future.

Contact Attorney Douglas A. Ball With Legal Questions

For same-sex couples in Clermont County, Hamilton County, Brown County, and Warren County, Douglas A. Ball Attorney at Law is dedicated to helping individuals and families safeguard their rights and address the legal system with confidence. Contact the firm today to get started.